Theme: Employment

Can doctors advertise their services?

No, doctors cannot advertise their services. Direct or indirect solicitation of patients by doctors is considered unethical. Doctors should not indulge in any form of advertisement that leads to self-promotion. For the same reason, they cannot put their own picture or self-promotional material on the letter head or the sign board of the clinical establishment.(( Section 6.1.1 and 6.1.2, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulation, 2002.))

What are the qualifications of a registered medical practitioner?

Doctors can be designated as registered medical practitioners if:

  • They hold recognized medical qualifications(( Section 2(h), Indian Medical Council Act, 1956.))
  • They have completed an undergraduate medical course in a college or university recognized by the State government and registered with the Indian Medical Council.(( First Schedule, Indian Medical Council Act, 1956.)) A list of recognized colleges and universities can be found here.
  • They are enrolled with the State Medical Register(( Section 15, Indian Medical Council Act, 1956.))
  •  or the Indian Medical Register(( Section 21, Indian Medical Council Act, 1956.)) and received a registration number

If the medical degree has been obtained from a foreign university, an Indian citizen possessing primary medical qualifications awarded by a foreign medical institution must clear a screening test(( Rule 3, Screening Test Regulations, 2002.)), in order to be registered with either the Medical Council of India or State Medical Council.(( Second Schedule, Indian Medical Council Act, 1956.)) You can find a list of such foreign universities here.

Read and Understand the Employment Contract

To ensure that your rights as an employee in the private sector are protected, you must carefully read and understand the terms of your employment contract. It will not only mention the basic terms like salary and your job description but also provide further details of the rights and duties of both the employer and employees. Therefore you must always insist on getting a written contract and read it carefully before signing it as it will be hard to change any of the terms after it has been signed.

Whom does the law apply to?

The Code applies to all employees and employers in establishments, i.e., workplaces carrying on any industry, trade, business, manufacture or occupation, including Government offices(( Section 2(m), Code on Wages, 2019.)). However, the provisions on payment of wages and bonus do not apply to Government establishments unless the concerned Government makes them applicable through a notification.

Employee(( Section 2(k), Code on Wages, 2019.))

An employee is anyone who an establishment employs and pays wages to do work for hire or reward (this includes Government employees). It does not matter whether the terms of employment are clearly stated (like in a contract) or just implied.

The nature of the work could be:

  • Skilled
  • Semi-skilled or unskilled
  • Manual
  • Operational
  • Supervisory
  • Managerial
  • Administrative
  • Technical
  • Clerical

The following people are not considered employees:

  • Members of the Indian Armed Forces
  • Apprentice engaged under the Apprentices Act, 1961
  • People hired on a retainership basis

Employer(( Section 2(l), Code on Wages, 2019.))

An employer is someone who employs at least one employee in their establishment. It does not matter whether they employ the person directly or through anyone else, or employ someone on behalf of another person.

 

Type of establishment/work Employer
State or Central Government Department Authority specified by the head of the department. If not specified, it is the concerned chief executive of the department
Factory Occupier or manager of the factory
Any other establishment Person or authority having ultimate control over the establishment, such as a manager or managing director
Contract labour Contractor

 

A legal representative of a deceased employer is also an employer.

Who is an Advocate?

An Advocate is a person who argues  for the cause of another person in front of any other judicial authority. This could be a civil matter such as a contractual dispute between two individuals, or a criminal matter where the State punishes those who commit crimes with imprisonment etc. The majority of India’s  legal professionals represent clients in courts and other judicial bodies.

Qualifications needed to be an advocate(( Section 24(1), Advocates Act, 1961))

An advocate is simply  someone who is enrolled in any roll under the Advocates Act.(( Section 2(1)(a), Advocates Act, 1961))

A roll is a list prepared and maintained by the State Bar Councils, which contains the names of all advocates registered under the specific Council. The respective State Bar Councils have the duty to prepare and maintain rolls, and admit advocates to be listed on the roll.(( Section 6(1)(a); 6(1)(b), Advocates Act, 1961)) To qualify, the person applying to be an advocate should:

  • Be a citizen of India. However, foreign nationals can also be advocates if they come from countries where Indian citizens can practice law.(( Section 24(1)(a), Advocates Act, 1961))
  • Be at least 21 years of age.(( Section 24(1)(b), Advocates Act, 1961))

Degree in Law

The person applying should have a degree in Law:

  • Before 12th March 1967, from any University in India (Includes Pre-Independent India before 15th August 1947).(( Section 24(1)(c)(i); Section 24(c)(ii), Advocates Act, 1961))
  • After 12th March 1967, from any University in India recognized by the Bar Council of India, after undergoing a three-year course in law.(( Section 24(1)(c)(iii), Advocates Act, 1961))
  • After undergoing a course of study in law (at least two academic years) from the academic year 1967-68 or any earlier academic year from any University in India recognised by the Bar Council of India.(( Section 24(1)(c)(iiia), Advocates Act, 1961))
  • From any University outside India whose degree is recognized by the Bar Council of India.(( Section 24(1)(c)(iv), Advocates Act, 1961))
  • As a Barrister who has been a member of the Bar before 31st December, 1976.(( Section 24(1)(c)(iv), Advocates Act, 1961))
  • After passing the examinations specified by the High Courts of Bombay or Calcutta for enrolling as an Advocate in that High Court.(( Section 24(1)(c)(iv), Advocates Act, 1961))
  • Any other foreign qualification recognized by the Bar Council of India.(( Section 24(1)(c)(iv), Advocates Act, 1961)) See here for the list of recognized foreign universities.

Other conditions

For the purpose of enrolment, the applicant has to pay the required stamp duty to the State Bar Council. The applicant also has to pay an enrolment fee of Rs. 150 to the Bar Council of India, and Rs. 600 to the respective State Bar Council.(( Section 24(1)(f), Advocates Act, 1961; Rule 15(1), Part IX, Bar Council of India Rules, 1975))

Moreover, persons wanting to enrol as advocates may also need to fulfil any other conditions put forward by their respective State Bar Councils.(( Section 24(1(e), Advocates Act, 1961)) For example, the Bar Council of Delhi requires advocates to make a declaration that they are not engaged in any other trade, business, or profession. In case they are involved in something, they have to disclose the full information about it at the time of enrollment.(( Rule 104, The Rules of the Bar Council of Delhi, 1963))

Research while applying for jobs

The terms of your employment contract will capture facts, rights, duties, and obligations that relate to you and your employer. These terms are based on your calibre, your expectations, your employer’s expectations, and industry standards. The terms are described with heavy legal terminology such as “non-compete”, “dispute resolution” etc.

It is important for you to conduct some research to understand what expectations you can have of your employer, if the expectations of your employer are fair, and if your contract is at par with industry standards.

Evaluate the Industry

When you are applying for a job or accepting a job offer, it is important to know industry standards of salaries, pay scales, and work practices. By understanding market trends and having knowledge of best practices, you have higher chances of getting what you rightly deserve from your employer.

Evaluate the Organization

Also, it is advisable to check the prospective organisation’s practices, work environment, treatment of employees, pay scales etc. Conducting such research will help you negotiate your contract better. You can find out such details from networking groups, ex-employees of that workplace, your batchmates from college who work there, colleagues of batchmates, etc.

Evaluate Yourself

Assess your skills and capacity, as it will help you negotiate the terms of your contract better. Your work experience, educational qualifications, relevant degrees/courses/certificate programs etc. will all add value to the position you can ask for as well as your salary.

What are Wages?

Wages refer to all monetary payments in the form of salaries, allowances, etc. that an employer pays to a person for their work or employment, including:

  • Basic Pay
  • Dearness Allowance
  • Retaining Allowance (if any)

There are some monetary payments that are not included in wages:

  • Any legally required bonus not included under the employment agreement. For example, the annual bonus an employer is required to give employees in addition to wages.
  • Amenities like house accommodation, electricity, water, medical attendance, etc. which the Government has excluded from wages
  • Employer’s contributions paid to pension or provident fund, and the resulting interest
  • Conveyance allowance or travelling concession
  • House rent allowance
  • Overtime allowance
  • Commission
  • Payment for special expenses depending upon the nature of the employment. For example, if a glassworker requires a specific tool to carry out their work, this could be a special expense paid for by the employer.
  • Gratuity, retrenchment compensation, or other retirement benefits.

Payment of a legal award or settlement made between parties by the order of the court(( Section 2(y), Code on Wages, 2019.)).

An Advocate’s Duties towards the Court

An Advocate has to maintain certain standards of professional conduct and etiquette in Courts.

Duties in Court

Some of the duties an advocate has in Court include:

  • Behaving in a dignified manner before the Court. Further, whenever there is a proper reason for a serious complaint against a judicial officer, the advocate has a right and duty to submit their grievance to proper authorities.(( Rule 1, Chapter II, Part VI, Bar Council of India Rules, 1975)) For instance, grievances relating to Advocates, the Bar Council of India, Bar Councils of States, and Notary/Government Counsels need to be sent to the Department of Legal Affairs.(( Guidelines of Grievances Received in the Department of Justice, https://doj.gov.in/sites/default/files/GUIDELINES.pdf))
  • Showing respect towards the Court.(( Rule 2, Chapter II, Part VI, Bar Council of India Rules, 1975))
  • Not communicating in private to a judge about any case pending before the judge or any other judge. Advocates should not try to influence the Court’s decision about a matter using any illegal or improper means.(( Rule 3, Chapter II, Part VI, Bar Council of India Rules, 1975))
  • Appearing in a presentable manner in Court. While in Court, an advocate has to wear appropriate clothing that has been specified to be worn in Court.(( Rule 5, Chapter II, Part VI, Bar Council of India Rules, 1975))
  • Not appearing/arguing before a judge, if the judge is related to the advocate(( Rule 6, Chapter II, Part VI, Bar Council of India Rules, 1975)) as:
    • Father/mother
    • Grandfather
    • Son/daughter
    • Grandson
    • Uncle/aunt
    • Brother/sister
    • Nephew/niece
    • First cousin
    • Husband/wife
    • Father-in-law/mother-in-law
    • Son-in-law/daughter-in-law
    • Brother-in-law/sister-in-law
  • Not wearing the advocate’s gown/band in public places other than Courts. Advocates can wear this in public only for ceremonial occasions, and at such places prescribed by the Bar Council of India or the Court.1
  • Not standing as surety for a client.(( Rule 10, Chapter II, Part VI, Bar Council of India Rules, 1975))

Duties while taking on new cases

Some of the duties an advocate has include:

  • Not appearing for or against any establishment if the advocate is a member of the Executive Committee which manages the general affairs of that establishment.(( Rule 8, Chapter II, Part VI, Bar Council of India Rules, 1975)) For example, if an advocate is the Director of a company, they cannot appear for that company in a dispute.
  • Not taking up a case in a matter where the advocate has any financial interest.(( Rule 9, Chapter II, Part VI, Bar Council of India Rules, 1975))

Duties to other lawyers or other clients

An advocate has a duty to the opposing lawyer and clients. An advocate should not directly negotiate with the opposite party, except through the advocate who is representing the opposite party.(( Rule 34, Chapter II, Part VI, Bar Council of India Rules, 1975)) Further, advocates should try their best to carry out the legitimate promises made to the opposite party(( Rule 35, Chapter II, Part VI, Bar Council of India Rules, 1975)) such as appearing on the Court date, drafting petitions on time etc.

Some of the other duties include:

  • Not behaving in an  illegal or improper manner towards the opposing lawyers and parties. Advocates have to also restrict their clients from doing the same.(( Rule 4, Chapter II, Part VI, Bar Council of India Rules, 1975))
  • Preventing a client from resorting to unfair practices. Advocates should not allow their client to do anything in relation to the Court or opposing party which the advocates themselves should not do. An advocate has to refuse to represent a client who persists in improper conduct. Advocates have to be dignified in use of their language in correspondence and during arguments in Court. They should not use any improper language during arguments in the Court.(( Rule 4, Chapter II, Part VI, Bar Council of India Rules, 1975))
  • When an advocate has accepted the case of a client, another advocate should not appear for the same party. However, the latter can take consent from the former for appearing. If such consent is not obtained, the advocate will have to ask the Court before being allowed to appear for the client.(( Rule 39, Chapter II, Part VI, Bar Council of India Rules, 1975))
  1. Rule 7, Chapter II, Part VI, Bar Council of India Rules, 1975 [↩]

Important details in an Employment Contract

All contracts start with the description of who you are, your role in the organization and details of your job. This is an example of how the first term of your employment contract would look like:

“XYZ Future Ltd. (“XYZ”), is hiring Abhinav Chandra as “Lead Architect” for a period of 12 months with effect from 15 February, 2019.”

Your Name 

In an employment contract, your name has to be expressly written. The names of the parties involved will be the first and most important detail in your employment contract. In the example given above, it is clear that XYZ is hiring only Abhinav for the job.

Organization’s Name

The official and proper name of the organization has to be in the contract. It should be mentioned that you are being hired by such an organization. In the example given above, it is clearly given that XYZ Future Ltd (“XYZ”) is the organization hiring for the job.

Your Employer’s Name

If you are being hired by an organization, then the name of the party hiring you would be the organization itself. Either the head of the organization or the head of human resources department (HR) will sign your contract on behalf of the organization.

If you are being hired by an individual, your contract will specifically have your employer’s name and only your employer will sign your contract.

For example: “Dr. Raj Sharma, is hiring Abhinav Chandra as “Lead Architect” for a period of 12 months with effect from 15 February, 2019.”

Job Description

The employment contract will have the description of the position you are being hired for and what the terms of your employment are, i.e. what you are expected to do. In the example given above, the job description for Abhinav is “Lead Architect”. His contract will mention that he is being hired for that post and will also include what his work as a lead architect would entail.

Employment Period

Contracts are usually either for a specific period of time or for specific tasks. The employment contract will state the period of time you are being hired for. In the example given above, the period has been specified as 12 months with effect from 15 February, 2019.

In some cases, employers might even add a probation period. This means that once hired, you will be on probation for a specific period of time. After the probation period expires, your employer will assess your work and capabilities and decide whether to confirm your employment or not.

Salary and Other Allowances

The contract has to specify your salary amount in numerals as well as in words. If you do want to modify this amount, make sure you do this before signing the contract as you cannot negotiate your salary amount until the contract expires. Keep in mind that you can ask for a raise in your salary based on the competitive market rates for your job position, if you have previous work experience or if you hold any degrees or certificates in higher education.

Some other allowances that may be mentioned in the contract or in the HR policy are:

  • Relocation allowances, if you relocate to another city for the job provided by the employer.
  • Reimbursement for any work-related expenses.

What is the minimum wage rate?

Employers must pay every employee at least the minimum rate of wages fixed and notified by the concerned Government(( Section 5, Code on Wages, 2019.)), which will fix a minimum wage rate for:

  • Time work (wage rate can be fixed on an hourly, daily or monthly basis).
  • Piece work (for employees engaged in piece work, the Government can fix a minimum wage rate on a time work basis).

If an employee does two or more types of work having different minimum rates of wages, the employer will pay them the appropriate minimum wages for the time spent in each class of work(( Section 11, Code on Wages, 2019.)). For example, consider that the minimum wage for one type of work is Rupees twenty per hour, and Rupees ten per hour for the other type. If the employee spends 2 hours on each type, they will get (20*2) + (10*2) = ₹60 for 4 hours(( Section 11, The Code on Wages, 2019.)).
The concerned Government will review or revise the minimum wage rate usually every five years(( Section 8, Code on Wages, 2019.)).

An Advocate’s Duties to Clients

There are many duties that an advocate has to fulfil towards clients. Some of them include:

Accepting and withdrawing from cases

An advocate should:

  • Accept any case, unless exceptional circumstances exist.(( Rule 11, Chapter II, Part VI, Bar Council of India Rules, 1975)) The Supreme Court has said that a lawyer cannot refuse a brief if a client is willing to pay his fee, and the lawyer is not otherwise engaged.(( A.S. Mohammed Rafi v. State of Tamil Nadu, Criminal Appeal No. 2310 of 2010)) The advocate’s fee will be based on their professional standing and the nature of the case.
  • Not withdraw from a case after accepting it. However, the advocate can withdraw if there is sufficient cause, after giving a reasonable and sufficient notice to the client. If the lawyer withdraws from a case, they have to refund any fee that has not been earned.(( Rule 12, Chapter II, Part VI, Bar Council of India Rules, 1975))
  • Not accept or appear in a case for which the advocate might appear as a witness.(( Rule 13, Chapter II, Part VI, Bar Council of India Rules, 1975))

Loyalty to the client

An advocate must:

  • Make full and frank disclosure to the client about the advocate’s connection towards the other parties and any other interest in the case.(( Rule 14, Chapter II, Part VI, Bar Council of India Rules, 1975))
  • Uphold the interests of the client by all fair and honorable means.  Advocates should be loyal to this principle and should not let their personal beliefs about a client’s guilt stop them from accepting a case. Regardless of their personal opinion on the guilt of a client, advocates should defend the client.(( Rule 15, Chapter II, Part VI, Bar Council of India Rules, 1975))
  • Not work for the conviction of an innocent person. For instance, advocates should not suppress material that could establish the innocence of a person in a criminal case.(( Rule 16, Chapter II, Part VI, Bar Council of India Rules, 1975))
  • Only work as per the instruction of the client or the client’s agent.(( Rule 19, Chapter II, Part VI, Bar Council of India Rules, 1975))
  • Not act, appear or argue for the opposite party if the advocate has advised, acted, appeared or pleaded for a client at any stage of a lawsuit.(( Rule 33, Chapter II, Part VI, Bar Council of India Rules, 1975))

Upholding interests of the client

Advocates have to make sure that they:

  • Do not specify a fee that is dependent on the result of the case. An advocate should not agree to share the benefits that a client will get from a case.(( Rule 20, Chapter II, Part VI, Bar Council of India Rules, 1975))
  • Do not abuse or take advantage of the trust of the client.(( Rule 24, Chapter II, Part VI, Bar Council of India Rules, 1975))
  • Keep accounts of the money entrusted to them by the client.(( Rule 25, Chapter II, Part VI, Bar Council of India Rules, 1975))
  • Do not accept a fee less than a fee which can be taxed, if the client is able to pay it.(( Rule 38, Chapter II, Part VI, Bar Council of India Rules, 1975))

Failure to obey any of these duties may qualify for ‘Professional Misconduct’ by the Advocate, and a client can lodge a complaint against the advocate in the appropriate forum.

What if an employee works less or more than the minimum number of hours?

If a daily wage employee works for less than the minimum number of hours because the employer did not give enough work, they still have the right to get wages for a full working day. However, if they failed to work for the  minimum number of hours because they were unwilling to work, they cannot claim this right(( Section 10, Code on Wages, 2019.)).
If an employee works for more than the minimum number of hours, the employer has to pay them for every extra hour that they work, at an overtime rate of at least twice the normal rate of wages(( Section 14, Code on Wages, 2019.)).

Complaining against an Advocate

Complaints against an advocate can be with regard to professional or other misconduct by the advocate.(( Section 35, Advocates Act, 1961)) Actions that qualify as ‘misconduct’ cannot be defined with an exhaustive list. What should be kept in mind is the nobility of the job of an advocate, and the high standard that is expected of advocates by society.(( Noratanmal Chouraria v. MR Murali & Another, Civil Appeal 5476 of 1999)) Instances that are not explicitly mentioned in the law have led to disciplinary actions in the past, such as when an advocate tried to assault a client with a knife.(( Hikmat Ali Khan v. Ishwar Prasad Arya, 1997 (3) SC 131))

Forum to Complain

The State Bar Council is the appropriate forum to lodge a complaint against an advocate.(( Section 35(1), Advocates Act, 1961)) Upon receiving a complaint, or on its own motion, the State Bar Council can refer a case of misconduct to one of its Disciplinary Committees.(( Section 35(1);Section 35 (1A), Advocates Act, 1961))

Further, the disciplinary committee of the Bar Council of India also has the power to withdraw any pending proceeding from the State Bar Council and attend to the matter.(( Section 36(2), Advocates Act, 1961))

If a case has been pending before the State Bar Council for more than a year since the receipt of complaint, the case shall be transferred to the Bar Council of India.(( Section 36B (1), Advocates Act, 1961)) If a person is not satisfied with the decision of the State Bar Council, they have the right to appeal to the Bar Council of India within 60 days of the communication of the decision.(( Section 37(1), Advocates Act, 1961)) If the person is still aggrieved by the decision of the Bar Council of India, they can approach the Supreme Court within 60 days of the communication of the decision.(( Section 38, Advocates Act, 1961))

 Procedure to complain

State Bar Councils accept complaints against an advocate in the form of a petition, duly signed and verified. If you want to find the format, you can approach your State Bar Council which will have a prescribed standard format of complaint, along with the fees. Additionally, formats used can include languages such as English, Hindi or the language of the respective State. (( Rule 1, Chapter 1, Part VII, Bar Council of India Rules, 1975))

After a person submits the complaint, the Disciplinary Committee of the State Bar Council will inquire into the matter.

Punishing an Advocate

When a complaint has been made against an advocate, the Disciplinary Committee of the State Bar Council will give an opportunity for the advocate to defend themself. Further, the Advocate General of the State will also be present during the inquiry. After the inquiry, the Committee will either:

  1. Reprimand the advocate;
  2. Suspend the advocate for the time being;
  3. Remove the advocate’s name from the State roll;
  4. Dismiss the complaint.(( Section 35, Advocates Act, 1961))

Job Offer

When an employer is willing to hire you and gives you a job offer, they must:

  • Communicate to you about the offer
  • Specify the job role and the terms of the job
  • Offer some remuneration/salary/benefits in return for your work

Communication of the Offer

An employer has to communicate the willingness to hire you through a job offer in clear words, either in writing or verbally.

However, it is better to have the offer in writing, as it is easier to prove that the offer was indeed made, if your employer denies it in the future.

Job Role and Terms of Job

  • The offer made to you should be for a specific position or a role. If the offer is unclear, clarify the kind of job role they are interested in hiring you for. It will be hard to get out of the job, once you have taken it and signed the written contract.
  • Make sure that your job role, annual cost-to-company (CTC), benefits, monthly salary etc. are given. You should also clear up any doubts you have about the job details before you accept the offer.

Salary and Other Benefits

The nature of the job will determine your salary. Salaries are usually calculated based on the market rate for that particular job, previous work experience, and your bargaining skills. You can negotiate your salary by clearly communicating the advantage, in the form of your skillset, that you are bringing to the organization, and by utilizing your own market research regarding the salary as per industry rates.

If you are a salaried employee, your total salary will be broken up under different heads such as basic pay, dearness allowance (DA) , Provident Fund deduction, house rent allowance (HRA) etc. You will get your salary after deduction of tax at source. However, if you are not an employee, you will get your full salary amount, which is called a ‘retainership fee’.

After the job offer has been communicated to you, depending on your circumstances, you can always negotiate for additional benefits, a higher salary, or a better position. Your employer may or may not entertain such negotiations, in which case it is up to you to accept or reject the offer.

Timely Response to Offer

Your job offer may specify a time period within which you will have to reply and if you do not respond within the time given, the job offer will lapse. If there is no specific time period mentioned, you should reply to the employer within a reasonable time, either accepting or rejecting the job offer.

When does the employer have to pay a bonus?

An employer should pay an annual minimum bonus to their employee if:

  • Their establishment has at least twenty employees
  • The employer has worked for at least thirty days in an accounting year (starting from 1st April)
  • The employee does not earn more than a specified amount in a month.

However, for the five accounting years immediately following the year in which the employer starts selling goods or giving services, they need to pay the bonus only for years in which they make a profit(( Section 26(6), Code on Wages, 2019.)).

Calculating the bonus

The bonus is eight and one-third percent of the employee’s wages, or Rupees one hundred, whichever is higher. It does not matter whether or not the employer has any allocable surplus during the previous accounting year(( Section 26, Code on Wages, 2019)).

If the allocable surplus is more than the amount of minimum bonus payable to employees, the employer must pay every employee a bonus proportionate to their wages for that accounting year (not more than twenty percent of their wages). However, if an employee has not worked for all the working days in an accounting year, they can proportionately reduce the excess bonus.

The employer should pay the bonus by crediting it in the employee’s bank account within eight months of the accounting year’s end. If the employer requests, the concerned Government can extend this by a maximum of two years.

Employees not eligible for bonus

An employee is not eligible for bonus if they have been dismissed from employment due to:

  • Fraud
  • Violent behaviour at the workplace
  • Theft or property damage
  • Conviction for sexual harassment(( Section 29, The Code on Wages, 2019.)).

Provisions for the bonus do not apply to(( Section 41, Code on Wages, 2019.)):

  • Employees of the Life Insurance Corporation of India;
  • Seamen;
  • Employees registered or listed under any scheme made under the Dock Workers (Regulation of Employment) Act, 1948;
  • Public sector employees;
  • Employees of the Indian Red Cross Society or any other similar institution;
  • Employees of Universities and other educational institutions;
  • Employees of institutions including hospitals, chambers of commerce and not-for-profit social welfare institutions;
  • Employees of the Reserve Bank of India;
  • Employees of inland water transport establishments operating on routes passing through any other country.

Who is a Pharmacist?

A pharmacist is a person who is trained to prepare, monitor and sell medicines. Under the law, a registered pharmacist(( Section 2(i), Pharmacy Act, 1948)) is a person whose name is entered in the register of the State where they are residing or carrying on the profession or business of pharmacy.

A register will include the full name and residential address of the registered person, the date of their first admission to the register, their qualifications for registration, professional address,  the name of their employer etc.(( Section 29,  Pharmacy Act, 1948))

Qualifications needed to be a pharmacist

Qualifications of a pharmacist differ from state to state. The State Pharmacy Council of each state lays down certain qualifications for a person to be registered as a pharmacist. The Pharmacy Council of India approves such qualifications.

Education/Degrees

An individual of at least 18 years can be eligible for registration as a pharmacist for the first time. After paying the required fee, their name will be added to the register of the State where they reside or carry on their pharmacy business/profession,(( Section 31, Pharmacy Act, 1948)) if they have:

  • A degree or diploma in pharmacy or pharmaceutical chemistry or a chemist and druggist diploma of an Indian University or a State Government, or a prescribed qualification granted by an authority outside India;(( Section 31(a), Pharmacy Act, 1948)) or
  • A degree of an Indian University other than a degree in pharmacy or pharmaceutical chemistry. In addition, the person should have been engaged for at least 3 years in compounding drugs in a hospital, dispensary, or another place where drugs are regularly dispensed based on prescriptions of medical practitioners;(( Section 31(b), Pharmacy Act, 1948)) or
  • Passed an examination recognised by the State Government for compounders or dispensers;(( Section 31(c), Pharmacy Act, 1948)) or
  • Been engaged for at least 5 years in compounding drugs in a hospital, dispensary, or another place in which drugs are regularly dispensed based on prescriptions of medical practitioners. This period is calculated starting from the date for application of registration as notified by the State government.(( Section 31(d), Pharmacy Act, 1948))

Other qualifications

In addition to the above qualifications, a person will be eligible for subsequent registration as a pharmacist:

  • If they are a registered pharmacist in another state.(( Section 32(1)(b), Pharmacy Act, 1948))
  • The Pharmacy Council of India can approve  qualifications granted by any authority outside India, with regard to making Indian citizens eligible for registration as  Pharmacists. The Council approves an application only after the qualification guarantees a minimum level of skill and knowledge. However, non-citizens can also qualify for registration if they come from countries where persons of Indian origin (who have the required qualifications) can practice pharmacy.(( Section 14, Pharmacy Act, 1948)) Here, to have their name entered in the register, the person should have passed a matriculation examination or any other equivalent examination.(( Section 32(1)(c);Section 14, Pharmacy Act, 1948))

Importance of a Written Contract

You will get a written employment contract only after you accept the job offer. The written contract will include all the details of the offer letter and more details provided by the employer. With a written contract you can exert the rights given to you under the contract. Further, you are bound by the duties given in the contract. The contract will establish:

  • Your salary/remuneration.
  • Your role and job description.
  • The duration of time working with your employer.
  • The employer’s responsibilities such as following the notice period while firing an employee, payment of salary etc.
  • The employee’s responsibilities such as standard of performance of the job offered to them, following the work timings of the organization etc.
  • Remedial processes if things happen to go wrong, for example, methods of resolving disputes etc.
  • A list of all the things you are restricted from doing so that there is no conflict with your new employer. For example, non-disclosure, non-solicitation clauses.

Other purposes for which you can use the employment contract are:

  • applying to banks for loans, or when filing your tax return, you can also produce the contract as proof of employment.
  • renting a house or applying for any visa/passport application.

You should make sure that your contract covers all the important terms as it will be hard to add or change any term in your contract after you sign it.

What can employers deduct from employees’ wages?

Employers can make only authorised deductions from employees’ wages.

Payment that is due from an employee to the employer or their agent is a deduction. However, if an employee has a loss of wages for good reasons, such as the employer withholding a promotion or increment, demoting or suspending an employee, etc. that is not a deduction(( Section 18(1), Code on Wages, 2019.)).

Some of the major permitted deductions are related to(( Section 18(2), Code on Wages, 2019.)):

  • Fines imposed on the employee: An employer can fine an employee (not below fifteen years) up to three percent in any wage period for doing or failing to do certain acts. Before imposing the fine, the employer must first give the employee a chance to explain themselves.  The employer must recover the fine within ninety days of the employee’s violation. The employer must keep a record of the fines in a register and use them for the benefit of the employees(( Section 19, Code on Wages, 2019.)).
  • Absence from duty: An employer can deduct wages if the employee is absent from their designated workplace (this does not include leaves).  This includes an employee being present but refusing to work due to a stay-in strike or any unacceptable reason(( Section 20, Code on Wages, 2019.)).
  • Damage or loss of goods: An employer can deduct wages if an employee damages or loses goods entrusted to them, or loses money accountable to them. The damage or loss should be directly due to their neglect or default. The deduction should not be more than the amount of damage or loss, and the employer must first give the employee a chance to explain themselves. The employer must keep a record of such deductions(( Section 21, Code on Wages, 2019.)).
  • Facilities and services given by the employer: The employer can deduct wages if they have given employees house-accommodation, or services other than what is required for employment. The deduction should not exceed the value of the facilities and services. The employer cannot make this deduction unless the employee has accepted the facility or service as a term of employment(( Section 22, Code on Wages, 2019.)).
  • Recovery of advances: The employer can deduct wages to recover any advances (including travelling allowance) given to the employee along with the associated interest, or for adjusting an overpayment of wages. If the employer gave the advance before the employee started employment, they can recover the money from the first payment of wages, but cannot recover advances given for travelling expenses(( Section 23, Code on Wages, 2019.)).
  • Recovery of loans: The employer can deduct wages from employees for recovering loans made from labour funds or loans given for building houses, etc. along with the associated interest(( Section 24, Code on Wages, 2019.)).
  • Other deductions: Employers can deduct wages for subscribing to social security funds like provident or pension funds, for paying an employee’s membership fees to Trade Unions, deductions for income-tax purposes, etc

The total amount of deductions cannot be more than fifty percent of the wages, and the employee can recover any excess deduction.(( Section 18(4), Code on Wages, 2019.))

Duties of Registered Pharmacists towards Patients

While helping clients, pharmacists have certain duties:

  • A pharmacist is not bound to attend every person who asks for their service. However, a pharmacist should always be ready to respond to the sick and injured.(( Regulation 8.1(a), Pharmacy Practice Regulations, 201))
  • Pharmacists should always maintain the confidentiality of their patients. For instance, a pharmacist should not reveal any issues or defects of patients observed during medical attendance. However, if the laws of the State require a pharmacist to give such information, they can do so. Pharmacists can also give such information if they think it will protect a healthy third party from a communicable disease like malaria, COVID-19 etc.(( Regulation 8.1(a), Pharmacy Practice Regulations, 2015))
  • While giving a prognosis, a pharmacist should not exaggerate or minimize the seriousness of the patient’s condition. In addition, pharmacists should ensure that the patient, patient’s family and close friends have knowledge of the patient’s condition so as to serve the best interests of the patient and patient’s family.1
  • Pharmacists should respond to any request for their assistance in an emergency. They should not deliberately commit an act of negligence that may deprive the patient from necessary medical care.(( Regulation 8.4, Pharmacy Practice Regulations, 2015))

Patient Counseling by Pharmacists

Upon receiving a prescription drug order, and after reviewing the patient’s record, a registered pharmacist should personally initiate discussion of matters that will optimize the drug therapy or care of the patient. The pharmacist can conduct the discussion in person, or by telephone etc.

The discussion should include appropriate elements of patient counseling.(( Regulation 9.3(a), Pharmacy Practice Regulations, 2015)) Such elements may include the following :

  • Name and description of the drugs(( Regulation 9.3(a)(i), Pharmacy Practice Regulations, 2015))
  • The dosage form, dose, route of administration, and duration of drug therapy(( Regulation 9.3(a)(ii), Pharmacy Practice Regulations, 2015))
  • Special directions and precautions for the drug(( Regulation 9.3(a)(iv), Pharmacy Practice Regulations, 2015))
  • Common side effects, adverse effects etc. that may be encountered, including their avoidance, and the action required if they occur(( Regulation 9.3(a)(v), Pharmacy Practice Regulations, 2015))
  • Techniques for self monitoring drug therapy(( Regulation 9.3(a)(vi), Pharmacy Practice Regulations, 2015))
  • Proper storage of the drugs(( Regulation 9.3(a)(vii), Pharmacy Practice Regulations, 2015))

The patient or their agent can always refuse such counseling.

Role of pharmacies during counseling

The pharmacist has to maintain a record of drugs administered to the patient.(( Regulation 9.3(b), Pharmacy Practice Regulations, 2015))Further, pharmacies providing patient counseling have to keep in mind that:

  • Only registered pharmacists can be involved in counseling.(( Regulation 9.3(d)(i), Pharmacy Practice Regulations, 2015))
  • Facilities should be provided for confidential conversation, and patient confidentiality must be maintained.(( Regulation 9.3(d)(ii), Pharmacy Practice Regulations, 2015))
  • Proper documentation is necessary.(( Regulation 9.3(d)(iv), Pharmacy Practice Regulations, 2015))
  • Counseling should be for the patient’s benefit. In every consultation, the benefit to the patient is of foremost importance. All registered pharmacists engaged in the case should be frank with the patient and his attendants.(( Regulation 9.3(d)(vi), Pharmacy Practice Regulations, 2015))
  • During counseling, punctuality should be maintained.(( Regulation 9.3(d)(vii), Pharmacy Practice Regulations, 2015))

However, please remember that the law does not give pharmacists the power to open pharma clinics to diagnose the disease and prescribe medicines.(( Clarification on Pharmacy Practice Regulations, 2015 notified by Pharmacy Council of India in Gazette of India No.17 dated 16.1.2015))

If these duties are not fulfilled and you face issues as a pharmaceutical client/patient, then you can file a complaint against the pharmacist.

  1. Regulation 8.3, Pharmacy Practice Regulations, 2015 [↩]

Accepting your Job Offer in Writing

Acceptance Only After Negotiations

Make sure that you finish all your negotiations for any change in the offer and only then accept the job. This is because once you accept the offer, your employer will think that you are accepting all the terms in the offer without any problem.

Writing an Acceptance Letter

While accepting a job offer from your employer, either do so by email or sign an appointment letter provided by your employer. This way it will be hard for the employer to dispute your appointment in the future and withdraw from it.

Time Limit for Acceptance

In some cases, your employer may ask you to reply with the acceptance of the job offer by email before a certain date, for example, the 10th of the month or by the end of the week. It is imperative that you respond to the job offer within this time period or the offer may lapse and the employer may offer the position to someone else. You will not have any recourse against this.

If your employer does not specify any time or manner of replying to the job, then:

  • Use the mode of communication which does not cause delays.
  • Reply within a reasonable time or the job offer may not be there anymore.

If you decide to reject the job offer, please make sure that you communicate it properly to your employer either in writing or in person or over the phone.

How should employers pay wages?

Employers can pay wages in any of the following ways: (( Section 15, Code on Wages, 2019))

  • Current coin or currency notes
  • Cheque
  • Crediting wages in the employee’s bank account
  • Electronic mode

However, the concerned Government might specify industrial or other establishments where employers should pay the wages only by cheque or by crediting wages in the bank account.

Ethical Conduct by Pharmacists

Some of the ethical practices for pharmacists include:

Handling of Drugs/Medicines by Pharmacists

Pharmacists should take all possible care to dispense a prescription correctly by weighing and measuring all ingredients in correct proportions, with the help of scale and measures (visual estimations must be avoided). Further, a pharmacist should always use drugs and medicinal preparations of standard quality, and should never adulterate the preparations. A pharmacist should be very careful in dealing with drugs and medicinal preparations known to be poisonous, or used for addiction  or any other abusive purposes.(( Chapter II, Code of Pharmaceutical Ethics))

Hawking of Drugs/Medicines

Hawking of drugs and medicines is discouraged. Therefore, pharmacists cannot engage in door-to-door solicitation of the products. To prevent self-medication using drugs, pharmacists are discouraged from distributing therapeutic substances without expert supervision.(( Chapter III, Code of Pharmaceutical Ethics))

Fair Trade Practice

Cut-throat competition, aiming to capture the business of another pharmaceutical establishment is discouraged among pharmacists. Cut-throat competition includes:

  • Offering any sort of prizes, gifts or any kind of allurement to customers
  • Knowingly charging lower prices for medical commodities, compared to the reasonable prices charged by a fellow pharmacist.

In case any order or prescription intended to be served by a particular dispensary is brought by mistake to another dispensary, the latter should refuse to accept it and should direct the customer to the right place. Imitation or making a copy of labels, trademarks and other signs and symbols of other pharmaceutical establishments are also not allowed under the law. (( Chapter III, Code of Pharmaceutical Ethics))

Advertising and Displays

In connection to selling medicines to the public, a pharmacist should not use displays that are undignified, or which contain the following:3

  • Any wording design or illustration that reflects pharmacists or an individual in a bad light.
  • A disparaging or derogatory reference to other suppliers, products, remedies or treatments. Even if the comments are direct or implied, it is not allowed.
  • Misleading or exaggerated statements or claims.
  • The word “Cure” in reference to an ailment or symptoms of ill-health.
  • A guarantee of therapeutic effect
  • An attempt to increase fear through advertisements.
  • An offer to refund money paid by a customer
  • A prize, competition or similar scheme.
  • Any reference to a medical practitioner or a hospital, or the use of the terms “Doctor” or “Dr.” or “Nurse” in connection with the name of a preparation not already established.
  • A reference to sexual weakness, premature ageing or loss of virility.
  • Indecent references to complaints of sexual nature.

If a pharmacy knows, or  could reasonably know that a preparation is advertised by such means, such preparations should not be displayed in the pharmacy.

Documents for Prospective Employer

Before you are appointed, employers may ask you to submit some documents to check whether you are eligible for the job. Some of them are:

Documents from Old Employer

Relieving Letter (if applicable)

Your employer may ask you to get a signed document from your previous employer stating that you are no longer associated with them. This safeguards the employer from disputes in case a new employee has not terminated the agreement with the previous employer.

Work Reference

Your prospective employer may ask you for a work reference by either before the interview stage or after you accept the job offer. A work reference would usually be a contact you give of your ex-employer, who can verify and explain the quality of your work and your character while at work. The employer may ask for the reference in the form of a letter or they may contact the referees directly.

Payslips

Some employers ask for a copy of the payslip given by the previous employer to double check how much you were earning in your previous office to determine your salary in the new job.

Resume and Other Documents

Resume/CV

Your employer will ask for your latest resume or curriculum vitae with all the details of your work experience and education.

Educational Certification/Documents

For HR purposes and documentation of employees, some employers may ask you for proof of education such as school certificate, college graduation certificate, higher studies certificate, etc.

Identity Proof Documents

Government-Authorized Identity Proof

Most employers ask you for passport-sized photographs and a copy of the identity proof such as Aadhar, passport, driving licence, etc. for assurance of your identity and documentation purposes.

Police Clearance Certificate

Sometimes employers may ask employees to do a police verification to check for previous or existing criminal records. Some states, like Delhi, have this provision online. Otherwise, if your employer does not help you, then you may have to go to a police station yourself and request for the police clearance certificate from the police officer and submit it to your employer.

Documents for Salary Account

Bank Details

Your employer will ask either for your bank details or set up a new bank account for you, so that they can transfer your salary to that account.

When should employers pay wages?

Employers can fix the wage period for employees as daily, weekly, fortnightly or monthly (no wage period can be more than a month).

 

Employees engaged on: When the wages are paid((Section 17, Code on Wages, 2019.)):
Daily basis At the end of the shift
Weekly basis Last working day of the week
Fortnightly (14 days) basis Before the end of the second day after the end of the fortnight
Monthly basis Before the end of the seventh day of the following month

 

If an employee is removed, retrenched, or has resigned from service, or became unemployed, the employer will pay their wages within two working days.

Complaining against a Pharmacist

Any complaint with regard to professional misconduct of a pharmacist can be brought either before the State Pharmacy Council or Pharmacy Council of India for disciplinary action.(( Regulation 14(a), Pharmacy Practice Regulations, 2015)) Every State Government is required to set up a State Pharmacy Council.(( Regulation 14(b), Pharmacy Practice Regulations, 2015)) States are also free to form Joint State Councils with mutual agreement.(( Section 19, Pharmacy Act, 1948)) The list of all State Pharmacy Councils in India can be found here.

Procedure to complain

The procedure for filing a complaint against a registered Pharmacist may vary from state to state. This is because they are determined by the respective State Laws and in few states such as Kerala,(( Kerala State Pharmacy Council Rules, 2012)) Tamil Nadu,(( Tamil Nadu Pharmacy Council Rules, 1953)) and Maharashtra,(( Maharashtra State Pharmacy Council Rules, 1969)) you would require to submit your complaint in writing to the Registrar of the State Pharmacy Council and the grounds of the complaint also has to be stated.(( Rule 85, Kerala State Pharmacy Council Rules, 2012; Rule 90, Tamil Nadu Pharmacy Council Rules, 1953; Rule 63(3), Maharashtra State Pharmacy Council Rules, 1969))

Generally, the complaint should state the description and address of the complainant. This is because the complaint does not have a provision for anonymous complaints. If any information in the complaint is not within the personal knowledge of the complainant, the source of such information and the reasons why the complainant believes it to be true must be clearly stated.(( Rule 63(4), Maharashtra State Pharmacy Council Rules, 1969;Rule 86, Kerala State Pharmacy Council Rules, 2012; Rule 91, Tamil Nadu Pharmacy Council Rules, 1953))

Punishing a Pharmacist

Once a complaint is received, the appropriate Pharmacy Council will hear the practitioner. If they are found guilty, then the Council will provide a punishment.

The punishment is determined by the Council and it can even direct removal of the name of the practitioner from the corresponding register altogether or for a specified time period. This means that the pharmacist will not be able to practice for that period.(( Regulation 14(b), Pharmacy Practice Regulations, 2015))